Property transfer can be a tricky subject for many, but most people know that some form of real estate deed is required to convey property. One such type that is fairly common but often misunderstood is the quitclaim deed. Here’s a quick primer on this particular type of deed.

What is a quitclaim deed?

A quitclaim deed is, at its most basic explanation, a deed where one party “quits their claim” to a particular property. It is mostly used when there is no sale of a property, only a transfer. This means that most quitclaim deeds are used in situations involving people who know – or at least highly trust – each other. Some of the most common situations for the use of a quitclaim deed include the addition or removal of a spouse’s name from the title, bequeathment, and transferring property into a living trust. Quitclaim deeds are a common way to resolve property transfer during a divorce.

A quitclaim deed basically states the property grantor and the grantee and passes along ownership. It doesn’t do much else, for instance, make any guarantees about the grantor’s ability to transfer the property or provide any protections for the grantee should something be amiss (property dispute, problem with the title itself, etc).

What a quitclaim deed is not

A quitclaim deed is not a general warranty deed or a special warranty deed. Both of those contain warranties of title. As LegalZoom says, these warranty deeds protect the new title-holder in situations where superior title is claimed or if any sort of loss is incurred by that. Warranty deeds also stipulate that the new title-owner can legally “purchase, possess and enjoy the property in question.”

In other words, a warranty deed transfers title in a way that makes sure that the person doing the transferring has the full right to do so. This, in a way, legally protects the new title holder. Quitclaim deeds provide no such protection.

What are the dangers of a quitclaim deed?

In the end, the true danger of transferring property with a quitclaim deed is that it provides no legal protections to the grantee. The grantee has no recourse against the grantor. This is why quitclaim deeds are really only used among people who know and trust each other. Quitclaim deeds also do not, in any way, concern mortgage obligations. That’s an entirely separate issue.

Why use a quitclaim deed?

While quitclaim deeds do have their fair share of risks, there are benefits as well. Quitclaim deeds are quick and easy. They are so quick and easy that they don’t even have to involve an lawyer. It is also a cheap way to resolve minor problems on a title like a name change or clerical error. You can get basic quitclaim forms online, fill them out yourself, and file them for a small fee with your county (to learn more about filing a quitclaim deed, check out this resource).

In the end whether you use a quitclaim deed for your property needs depends on exactly what you need done, how much you know/trust the people involved, and how much protection you desire from the deed. Quitclaim deeds are cheap, easy, and relatively painless – as they only require a notary and not an attorney. Before going the quitclaim route you should research the specific requirements in your state, as they do differ from place to place.

Now this may be a somewhat unpopular opinion among realtors – who are often all to eager to cheer the market on (after all, it’s how we make money) but I think the Denver Colorado real estate market is, in fact, a real estate bubble. It may not crash down in the same fashion as in 2007, but I think we’re in for some pretty significant price drops in the coming years. Since my cat decided to go moth hunting at 4 in the morning, I’ve decided to make an article and video on the subject while I’m in that hazy, creative, half awake mode.

Why oh why would I, a real estate agent, suggest such a horrid thing? Prices are up! The market is hot! Yes, that all may be true, but I think there are some looming stats that can indicate a potential real estate bubble in the Denver metro area.

I would point you to the following articles that may give you some pause as a buyer in this crazy market .

While these articles do make the important distinction that we do not have a high number of sub prime mortgages (and resulting foreclosures) as we did during the 2007 crash, a major factor in my opinion that the Denver metro could be a real estate bubble is pretty simple- the prices have soared a lot higher than the wages. The Westword article above is pretty sobering for us millennial first time home buyers.

Another factor that I see coming that could make Colorado a real estate bubble is something that I don’t hear a lot of other realtors talk about – but I actually just took a class on it – and that’s our marijuana boom and future bust. You’ll notice that shortly after Colorado ratified amendment 64, which legalized cannabis in the state, the housing prices soon shot up as well. With the 2016 election, California, Nevada, Massachusetts and Maine have all joined the ‘legal club’ that is going to cut largely into the influx of out of state Americans flocking to Colorado.

Again, this is just like, my opinion, man. I do still think it’s a great time if you’re a seller – and selling now could likely put you near the top of the market if it’s a good option for you or you’re planning on moving. However for buyers, it may be worth waiting a little longer to see if the prices start to drop as the Denver post articles allude to. Time will tell!

If you have any real estate questions or want to talk about buying or selling, give me a call at 720 260 0977.

Have you been looking for upscale living in Parker, Colorado? 9840 Sara Gulch Circle is a 5,945 square foot, fully custom house built in 2007 with love and care by my father, Wayne Block Custom homes.

Sitting on 2.18 acres in the heart of the very desirable Spirit Ridge subdivision, 9840 Sara Gulch Circle provides the best of both worlds – you are only minutes away from downtown Parker Colorado, but with space, privacy and abundant wildlife. Spirit Ridge offers miles of private trails for biking or walking, with connectivity to the Cherry Creek Regional trail.

9840 Sara Gulch Circle offers a luxurious main floor master, complete with a spacious walk in closet and private master suite bath. Three bedrooms are upstairs connected with a bridge, giving the home a great open feeling and warmth. The kitchen is inviting with lovely Jenn Air appliances.

The basement is 50% finished, with a large recreation room and fully loaded wet bar – no need to bring your dishes upstairs with the second dishwasher! This is an excellent home if you love to entertain.

MLS # 5950223

Offered at $1,049,999

Have more questions about this property? Give me a call @ 720 260 0977.

So, I am not going to lie, I should be paying attention because I am writing this post while sitting in on a class. Today’s class is a computer class that goes over our local MLS software and how to make CMA’s with the software. However… it’s getting pretty frustrating to watch. It just amazes me, actually, when I see how many real estate agents are completely incompetent with technology in the year 2017. Over half of the agents that are taking this computer class didn’t bring a computer. How are you supposed to learn software if you don’t follow along on your own computer? Prepare for today’s real estate agent rant.

This brings me to my larger gripe in general, is that a lot of real estate agents are dinosaurs when it comes to technology. With the average age of a realtor being around 57 years old, I would say I might understand that some older people aren’t that tech savvy – but let’s be brutally honest here. Computers aren’t a new thing. If you’re 57 years old in 2017, that means you were born in 1960. The first mass produced Apple computers and PCs came out in around the 80s. You’ve had enough time to figure these things out.

If your real estate agent can’t navigate software in order to help you search homes, they are doing a disservice to you. If they can’t properly pull comps from county assessor websites, they are doing a disservice to you. If it takes them 6 hours to figure out how to draft and send in a virtual contract offer – especially with the speed and competitiveness of the Colorado market – They are doing a disservice to you. If your real estate agent is truly the professional that they profess to be, they should be able to competently use the tools of the trade. Back in the day the MLS was actually printed out in a book – but times have changed.

I don’t mean to be a jerk with this post, but I constantly see this through out the real estate industry – the reluctance of many a real estate agent to embrace the rapidly changing technology that has revolutionized real estate (and to be quite honest, puts a lot of real estate agents at risk of becoming irrelevant) So, ask yourself – is my real estate agent tech savvy, or are they a technological dinosaur? Along with the agent’s personality, morality and fiduciary commitment to you, their technical ability should be something that you as a buyer or seller consider heavily in your decision to hire them.

For example, as a seller – what does your real estate agent actually do to market for you? Do they put the property in MLS, stick a couple of flyers in a box outside, and pray? Wouldn’t you rather be more comfortable with a real estate agent that has the ability to create videos, a custom website for your listing, and have all the (professionally taken) photos posted not only on the MLS, but on Instagram, Facebook, Twitter and all the other major social networks?

Anyway, I guess I should stop ranting for the day, but I just think it’s something I have had on my mind for a while.

If you’re looking for a tech savvy Realtor in Colorado, feel free to give me a call.
Caleb

Sorry for the crappy audio. I was filming with my phone and the little camera that is for selfies.. Doesn’t translate into great audio, apparently. This video is just to provide a little comfort and a pep talk for the Colorado first time home buyer. If you’re a first time home buyer, life sucks right now. The market in 2017 is just as hot as last year, and you’re likely competing with multiple offers. So, here are a few little hints and advice .

Tips for the Colorado first time home buyer blues

Tip 1: Get PRE APPROVED.

Not pre-qualified, pre-approved. Go through the entire process with your lender so you are READY to go when it’s time to put an offer in. Pre qualifications can be done in like 20 minutes, but a pre-approval from a lender is a more in depth and intensive process. This way you know exactly what your price cap is, and you can make sure to give the lender’s pre approval with any offer you may submit on a property.

Tip 2: Try to be as flexible as possible.

I know, I know, this one is tough. It’s hard to drop everything and go see a house when it pops up on the market. We have jobs, schedules, soccer practice, etc. But, to the best of your ability you have to try to be flexible. If you can go see something on your lunch break, do it. It might make the difference between even being able to have a showing, because in my experience waiting even a day and then trying to schedule a showing can be a bummer when you find out it’s already under contract.

Tip 3: Expect to offer over the list price.

If you’re competing for a starter home (I would say anything under the 450k range, really) You should expect to have to offer over the list price for your offer to have potential. Because Colorado is so popular, and cheaper homes are hard to find, you can bet you’ll be competing with other offers. Another option in this vein is to include an escalation clause in your offer. I will do a video on the concept of escalation clauses in another video. No lowballing with the way the market is right now!

Tip 4: Be ready to have your heart broken!

This is kind of a downer, but you have to be realistic and know that your dream home is probably 20 other people’s dream home as well. There’s always the possibility that your offer won’t be the one selected. So, in this market you have to get somewhat of a thick skin and realize that you might not get that first house you love… or the second.. or third. You should make damn sure though that your real estate agent is doing their absolute best to make your offer be THE ONE!

So, I hope these tips help and I wish you the best of luck in your house hunt. It’s a difficult time to be a Colorado first time home buyer, but keep fighting the good fight! If you’re in need of an agent, you can contact me via my website.

Boulder has a reputation of being an expensive city to live in. In 2015, this Colorado city made it to the top 1% of the US’ most expensive housing markets, right up with California’s priciest neighborhoods such as Atherton and Woodside. But even with the average listing price of a 4 bedroom, 2 bathroom home set at around $418,344, it is intriguing to see why Boulder still manages to convince an increasing number of people to settle down within its enclaves. In this infographic called “10 Reasons Why You Should Move To Boulder”, Tenge Law Firm explores several compelling facts about this rarefied city and if it is truly worth its price tag.

I have loved Boulder ever since I took my undergraduate education at the University of Colorado. It’s a rapidly changing city, but the outdoor activities and scenery are nearly unmatched. So, without further delay, here are 10 reasons to move to Boulder Colorado.

What’s the most traditional marketing method when selling your house? The OPEN HOUSE! But, is it really all that useful? I don’t think so.

Open houses are really not very great – only 1-2% of homes even sell via an open house, and you are opening your home up to some potential danger. Is a 2% chance worth the potential of damage to the home, theft, or something even worse happening?

Open houses really are just a marketing gimmick used by the listing agent in order to find new BUYER clients. That’s why we all have a sign in sheet and ask people to fill out their information upon entering. It’s not to sell YOUR house, but rather so we can get some new leads. Most agents that are doing an open house are doing it, at least partially, with their own business interests in mind. That’s why other agents from the same brokerage will hold an open house for your listing agent.

Open houses also will allow anybody into your home – they may be neighbors looking at your drapes, or even criminals that are casing out the home in order to burglarize it. It happens every year in America where people have their home for sale – stuff gets stolen. Firearms, jewelry, electronics and drugs (prescription or otherwise) are all open season in an open house. Some thieves are seasoned and will come in groups, splitting up inside the house so the agent hosting the open house can’t keep track of both of them at once. This is not even mentioning the potential of assault / rape / other much more heinous things that could happen.

If an open house is the only method of marketing that your agent provides, you may want to re-think your business relationship with them. A well made video tour, professional photography of the home and well planned social media exposure will go a LOT further in the effort to sell a house than holding an open house. In my opinion open houses are a waste of time for sellers.

My name is Caleb – I am a realtor in Parker, Colorado. You can contact me via my website

Here’s a quick little guide to understanding the various types of tenancy you can take on title when you purchase a home in Colorado. If you’ve been curious what the difference between joint tenancy vs tenants in common is in Colorado, here’s a good place to start!

When two or more buyers are purchasing a home one of the most important decisions they will make is how they will be vested with the property, either as tenants in common or as joint tenants. Deciding which type of tenancy would be most beneficial to the buyers of a property depends on the circumstances of the purchase (e.g. investment, principal residence, estate planning, etc.) and the relationship of the parties (e.g. married, siblings, parent and children, etc.). It is suggested that potential buyers discuss these matters with an attorney in order to make an informed decision.

Joint Tenancy vs Tenants in Common

Tenancy in Common

“Tenancy in common” in Colorado, is the default tenancy. Tenancy in common is a form of ownership in which each co-tenant owns a separate fractional share of undivided property. Upon the death of one of the tenants in common, there is no transfer of the property. When a tenant in common passes away, that tenant’s interest in the property becomes an asset in the deceased’s estate and may pass to heirs or devisees.
A tenancy in common is generally used when the cotenants are not related, although this is not always the case. For instance, if the buyers are two unrelated investors, they may decide that they will take the property as tenants in common because they would like to have the option to freely convey their interest in the property to third parties.

Joint Tenancy

“Joint tenancy” or “joint tenancy with the right of survivorship” as it is otherwise known, is a tenancy where each joint tenant owns an undivided whole of the joint property, rather than a fractional part of the property. In order to create an estate in joint tenancy with survivorship there must be specific language in the deed to demonstrate the intent to create a joint tenancy. For example, the intent may be manifested through simply stating in the conveyance deed, “as joint tenants”. This can also be accomplished by utilizing such phrases as, “in joint tenancy with the right of survivorship” or “as joint tenants with the right of survivorship”, or the abbreviation “JTWROS”.
Taking as joint tenants is usually done among family members, and also done as part of the family’s estate planning. The property will pass to the joint tenant(s) by law with the death of one of the joint tenants and not subject the property to the probate procedure and the decedent’s estate.

Right of Survivorship

Upon the death of a joint tenant, the surviving tenant(s) become, the sole owner(s) of the property. They take title to the property free from any liens which may have existed on the now extinguished interest of the deceased. This right of survivorship is the distinguishing characteristic for a joint tenancy, as opposed to a tenancy in common. Severance of Joint Tenancy The joint tenancy can be severed by a conveyance from one joint tenant to a third party. The remaining joint tenants become tenants in common with the third party. The severance of a joint tenancy extinguishes the right of survivorship that makes a joint tenancy unique and desirable.
Choosing which tenancy to take title to a property is a complicated and detailed decision for the purchasers. Brokers should be careful not to advise buyers on estate planning or other legal or tax matters. Depending on the tenancy chosen there can be legal and tax consequences that should be taken into consideration. This article is designed to give brokers a basic understanding of the difference between the two tenancies.